Being accused of any form of misconduct can be a devastating experience, but when the accusation falls under Title IX, the stakes can feel impossibly high. Title IX cases often involve allegations of sexual misconduct or harassment in educational settings, and the consequences of a finding of responsibility can be life-altering.
If you're facing a Title IX accusation, you may feel isolated and unsure of where to turn. The complex processes involved in Title IX investigations can make it difficult to understand your rights and how best to defend yourself. It's not uncommon for individuals in this situation to feel as though the system is stacked against them.
You do have rights, and with the help of an experienced criminal defense attorney, you can navigate these challenging waters and fight to protect your future.
What is Title IX?
Title IX is a federal civil rights law that was enacted as part of the Education Amendments of 1972. Its primary purpose is to prohibit discrimination on the basis of sex in any education program or activity receiving federal financial assistance.
While Title IX covers a broad range of issues related to gender equality, it is perhaps most widely known for its application in cases of sexual harassment, sexual assault, and other forms of sexual misconduct within educational institutions.
Title IX applies to all educational institutions that receive federal funding, including colleges, universities, and K-12 schools. If you are a student, faculty member, or even an employee of such an institution, you could be subject to a Title IX investigation if an accusation is made against you.
How Title IX Interacts with Texas Law
While Title IX is a federal law, it often intersects with state laws, including those in Texas. In some cases, the conduct that leads to a Title IX investigation may also be a violation of Texas criminal laws. For example, an accusation of sexual assault under Title IX could also lead to criminal charges in Texas.
One key difference between Title IX investigations and criminal investigations is the standard of proof. In a criminal case, the prosecution must prove the defendant's guilt beyond a reasonable doubt.
In contrast, Title IX investigations typically use a "preponderance of the evidence" standard, meaning that the decision-makers only need to be convinced that it is more likely than not that the alleged misconduct occurred. This lower standard can make it easier for individuals to be found responsible under Title IX, even if they would not be convicted in a criminal court.
Another important consideration is that while the educational institution conducts Title IX investigations, law enforcement conducts criminal investigations. This means that even if you are cleared of wrongdoing in a Title IX investigation, you could still face criminal charges. Conversely, if you are acquitted in a criminal trial, you could still be found responsible under Title IX.
The Rights of the Accused in Title IX Cases
If someone accuses you of a Title IX violation, you have specific rights designed to ensure a fair process.
These rights can vary somewhat depending on the institution and the specific circumstances of your case, but some of the most important rights include:
- The Right to Be Informed of the Allegations Against You: You have the right to receive a written notice of the allegations, including details about the alleged misconduct, the identities of the parties involved, and the specific conduct being investigated.
- The Right to an Advisor: You are entitled to have an advisor present during any meetings or hearings related to the investigation. This advisor can be an attorney, and their role is to provide guidance and support throughout the process.
- The Right to Present Evidence: You can present evidence and witnesses on your behalf. This includes cross-examining the complainant and any other witnesses during a hearing.
- The Right to a Fair and Impartial Investigation: Title IX requires that the investigation be conducted fairly and impartially. This means that the investigators and decision-makers must be free from any bias or conflict of interest.
- The Right to Review the Evidence: Before any determination of responsibility is made, you can review all the evidence that will be used against you. This includes any statements, documents, or other materials gathered during the investigation.
- The Right to Appeal: If you are found responsible for the alleged misconduct, you can appeal the decision. The grounds for appeal may include procedural errors, new evidence, or a claim that the decision was not supported by the evidence.
How an Experienced Criminal Defense Lawyer Can Help
Navigating a Title IX investigation on your own can be incredibly challenging, especially when the stakes are so high. Experienced criminal defense attorneys can be invaluable allies in helping you understand your rights, build a strong defense, and protect your future.
Here are some ways an attorney can assist you during a Title IX case:
Providing Legal Guidance
Your attorney can help you understand the specific allegations against you, the evidence being used, and the possible consequences of the investigation. They can also explain the Title IX process and what to expect at each stage.
Developing a Defense Strategy
An experienced defense lawyer can help you gather evidence, identify witnesses, and develop a defense strategy tailored to your specific case. This might include challenging the credibility of the complainant, presenting exculpatory evidence, or demonstrating that the conduct in question does not meet the definition of misconduct under Title IX.
Representing You in Meetings and Hearings
Your attorney can accompany you to all meetings and hearings related to the investigation, ensuring that your rights are protected and that you have a strong advocate on your side.
Negotiating with the Institution
In some cases, it may be possible to negotiate a resolution with the institution before the case goes to a formal hearing. Your defense lawyer can help you explore these options and negotiate on your behalf.
Assisting with Appeals
If you are found responsible for the alleged misconduct, your attorney can help you file an appeal and argue your case before the appropriate body.
Crimes Covered by Title IX
Title IX covers a wide range of conduct that can be considered discriminatory based on sex, including but not limited to:
- Sexual Harassment: This includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or intimidating environment.
- Sexual Assault: Title IX addresses various forms of sexual assault, including rape, fondling, and other forms of non-consensual sexual contact.
- Dating Violence: This refers to violence committed by a person who is or has been in a romantic or intimate relationship with the victim.
- Stalking: Stalking involves a pattern of behavior directed at a specific person that causes fear or emotional distress.
- Gender-Based Discrimination: Any discrimination based on gender, including denying someone the benefits of an educational program or activity because of their sex, falls under Title IX.
Potential Defenses in Title IX Cases
There are several defenses that an attorney might raise on your behalf in a Title IX case. The specific defenses will depend on the facts of your case, but some common strategies include:
- Consent: In cases involving sexual misconduct, one of the most common defenses is that the sexual activity was consensual. Your attorney can help you gather evidence to support this claim, such as text messages, emails, or witness statements.
- Mistaken Identity: If the complainant has identified the wrong person as the perpetrator, your attorney can work to establish your alibi or present evidence that you were not present at the time of the alleged incident.
- Challenging the Credibility of the Complainant: Your attorney may seek to challenge the complainant's credibility by highlighting inconsistencies in their statements, evidence of bias, or a motive to fabricate the allegations.
- Procedural Errors: Title IX investigations must follow specific procedures, and any deviations from these procedures can be grounds for challenging the outcome. Your legal team can review the investigation process to identify any procedural errors that may have occurred.
- Lack of Evidence: In some cases, the evidence against you may be insufficient to support a finding of responsibility. Your attorney can argue that the evidence does not meet the preponderance of the evidence standard.
Contact the Law Office of Shane Phelps to talk to a Title IX Defense Lawyer
Facing a Title IX accusation is an incredibly serious matter that can have long-lasting consequences for your education, career, and reputation. However, it's important to remember that being accused does not mean you are guilty, and you have the right to defend yourself against these allegations.
The legal team at the Law Office of Shane Phelps understands the immense pressure and fear that comes with a Title IX accusation. We are committed to providing compassionate, aggressive representation to ensure that your rights are protected throughout the process.
Whether you are a student, faculty member, or employee facing a Title IX investigation, our experienced Title IX defense attorneys are here to help you navigate the complexities of the case and fight for the best possible outcome.
Contact The Law Office of Shane Phelps today for a confidential consultation. Let us help you protect your future and ensure that your side of the story is heard. You can reach our legal team 24/7. Call our Bryan, TX firm at (979) 775-4100 or contact us online.
Shane Phelps
Lead Attorney
As founder of Shane Phelps Law, Bryan/College Station criminal defense attorney Shane Phelps has a reputation as a leading trial lawyer in the Central Texas area. With decades of experience as both a prosecutor and a criminal defense attorney, Shane has tried more than 300 jury trials, everything from DWI to Capital Murder.
Author's Bio